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  • 标题:Judicial review of administrative normative act. Limits of courts control on political decision making
  • 本地全文:下载
  • 作者:Erlir Puto
  • 期刊名称:Academic Journal of Business, Administration, Law and Social Sciences
  • 印刷版ISSN:2410-3918
  • 电子版ISSN:2410-8693
  • 出版年度:2016
  • 卷号:2
  • 期号:1
  • 出版社:IIPCCL
  • 摘要:Legal democracies have been facing with the evolution of a system of administrative activityjudicial review. Meanwhile the evolving of the Judicial Control over the Public Administrationin different countries of civil law systems has produced even in Albania the possibility of aspecific judiciary control over the Public Administration in an extended way. The new AlbanianLaw on Administrative Courts (Law 49/2012) provides the power of the Administrative Courtof Appeal to judge as a Court of First Instance, in the cases regarding controversies on normativeadministrative acts. It is a new open door to judge political decision makers, with some implicitconsequences on the entire system. Those acts are produced as a further explanation andspecification of the Law. Meanwhile they also express the Government Political Directionand Political will. The most important issue which may rise in this case is: How can anAdministrative Court judge on the Executive Political Decision? May a Court judge the politicalwill of the Executive?This power, given to the court, if we refer to administrative normative acts produced by publicauthorities of political nature, is in substance in contrast to the right of exercising politicalpowers. This power to judge the politics should be evaluated case by case, but also someguiding lines should be established. These should be some basic guiding criteria and limits tobe followed by the judges in the evaluation of objectives, purposes, aims or proportionality tothe situation that has imposed the law.In most of the judiciary systems, the limits of reciprocal control between powers of the stateremain a never ending process of practice. It is usual that the law gives to the administrationa wide margin of opportunity. The way how executive would use its discretionarily, shouldbe judged in an appropriate way by courts. The limits of court interference in administrativedecision making would produce a fair system of judiciary control but may be even anusurpation of government independence of political decision making or administrativeflexibility
  • 关键词:judicial review; normative act; political decision making; court limits; separation;of powers.
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